General Terms & Conditions V6.1 June 2022 27/6/2022
1. Introduction
These are Yorkshire Green Heating Terms & Conditions. They tell you: * The rules for using our services
* What you can expect from Yorkshire Green Heating
* Your rights and responsibilities
It is the sole responsibility of you to read these Terms and Conditions carefully and pursue legal advice if required before engaging with Us Yorkshire Green Heating.
2. When These Terms Apply
Please make sure you read these terms before using our services. By using our services or engaging with us, you are agreeing to these terms. You're also agreeing to our: Terms of Use, Privacy, Disclaimer, and Cookie policies.
The latest version always applies, and we'll usually only make updates when we offer a new service or change how we provide a service, or have to comply with a new legal requirement.
3. What Do We Mean by "Services"?
Anything offered by Yorkshire Green Heating, across the trades we cover (Plumbing, Heating, Gas
Appliances & Electrical Controls Domestic ONLY no commercial work will be carried out by Yorkshire Green Heating )
* Enquiries
* Estimates
* Installations
* Quotes
* Repairs
* Emergency Call Outs * Servicing
* Guarantees
4. Terminology
For the purpose of these terms & conditions the following words have the following meanings:
* "Us/We/Our/The Company" refers to Yorkshire Green Heating.
* "Services see 3.0
* "You/Your/The Customer" refers to you: the customer (the person or organisation for
whom we agree to carry out work and/or supply or materials).
* "tradespersons /tradespeople/engineer/staff/approved contractor " refers to the representative(s)
appointed by Yorkshire Green Heating to carry out work.
We reserve the right to refuse or decline to undertake any work. We reserve the right, at our absolute discretion, to appoint the tradespersons /tradespeople who will represent us.
5. Hourly Rate Work
The total charge to you will consist of the cost(s) of:
* Labour (the amount of time spent by the tradespersons carrying out work) including all reasonable time spent in obtaining non-stocked materials charged per our current hourly rates.
Our call-out fee is payable whatever the outcome of the emergency works undertaken, Once we are in transit to you the full call-out fee is payable.
If you cancel the call out you may be charged (see 11 Cancellation ) we aim to make it safe and limit the damage.
This may require turning off the gas and/or water supply, however, we will work at your property for up to 1 hour if a repair or safe temporary repair can be accomplished in this time.
You will only be charged for the time spent related to your work.
All other times, i.e. lunch breaks and personal mobile calls are non-chargeable.
Additional charges may apply subject to clause 6 , 6.1, 11.1, 11.2, 13.4, 17.1, 17.2
6. Fixed Price Work
The total charge to you will be given as a firm cost (manifest errors exempted), inclusive of labour & materials.
Where a written estimate has been supplied to you the total charge in the estimate may be revised in the following circumstances:
Offers and incentives may only be used in conjunction with each other at our discretion.
8 . Material Collection
Collection of non-stock items is chargeable, however:
* Time taken will be kept to a minimum and within reason.
* If the collection time is likely to exceed 30 minutes you should be additionally informed of the circumstances.
* Only one tradesperson is permitted to leave the job to collect required materials/parts.
9.Invoices & Payment
Upon your agreement for us to carry out any Work or PreBooked work, a deposit payment of 50% of the total is payable before the agreed appointment at our discretion. We reserve the right to request full payment in advance at our discretion.
9.1 Please note if you then inform us you wish to cancel after paying a deposit or we cannot access your property or appliance on the agreed date, you will be subject to an administration fee see the below chart for current fees.
£50.00 - £100 = £25 £100.00 - £500 = £100 £500.00 - £1,000 = £250 £1,000 - £5,000 = £500 £5,000 - £10,000 = £1,000
Upon completion of work you will be invoiced, for which payment is due on receipt, we accept all major credit or debit cards, and cash. We do accept bank transfers from a company but must be agreed before us commencing any job with a maximum 30-day payment period.
Yorkshire Green Heating reserves the right to accrue and charge interest on any part of an invoice that remains unpaid at a rate of 4% per month over the base rate until payment is received by us in full.
You accept sole liability to make payment in full unless you disclose when initially instructing us, to carry out work and/or supply materials that you are acting on behalf of a third party.
We reserve the right to collect unpaid debts using a Debt Collection Agency for any outstanding invoices after 30 days.
Yorkshire Green Heating is an introducer appointed representative of Kanda Products & Services Ltd who is acting as a credit broker offering finance products from a panel of lenders. Kanda Products & Services Ltd is authorised and regulated by the Financial Conduct Authority, registration number 920795, address: 17 high street, forward house, Henley-in-Arden, Warwickshire, England, B955AA. Credit is subject to status
10. Timekeeping
Where the date and/or time for work to be carried out is agreed, We will ensure that the tradespersons attend accordingly. We accept no liability in respect of the non-attendance or late-attendance on site of the tradespersons, or for the late or non-delivery of materials.
11. Cancellation
11.1 If you need to cancel (or rearrange) your booking, you must notify us by online booking app (if booked online) by telephone or email at least 48 hours before the appointment, and you should request written confirmation from us so that you are not liable to be charged.
If you are not home or do not make access We reserve the right to charge for any costs associated with a failed booking.
11.2 When you cancel your booking less than 48 hours or just before work is carried out, or materials being supplied, you may be charged the full cost of the booking and any materials and charged an admin fee see 9.1
Yorkshire Green Heating Boiler Service Plan ( Subscriptions ) Agreement Customers will also have to pay additional cancellation fees per the plan agreement ( Essential & Plus+ )
12. Complaints
Yorkshire Green Heating is committed to providing professional, top-quality service to all our customers and is paramount to our business. If, after we have carried out the work, you are not wholly satisfied with our service(s) and would like to make a complaint about how We or Our tradespersons have carried out the Work. You must provide written notice and tell us within 28 days of the tradespersons visiting Your Home/ Property and carrying out the Work.
You must allow us, and our insurers, the opportunity to both investigate, inspect, and carry out remedial work where deemed necessary. If you fail to notify us, as outlined above we will not consider any complaint made after this timeframe.
13. Guarantee
For your peace of mind, except in situations covered by clauses 13.2, and 13.3, any work carried out by us will be guaranteed for 12 months from the date that we completed the work, we only guarantee our work, not the parts and/or materials supplied. The majority of parts and/or materials we supply have their own manufacturer's warranty/warranties (subject to their terms and conditions such as fair wear and tear, wilful damage, negligence, etc). If you do not contact us within 12 months we shall have no liability.
This guarantee does not affect your statutory rights.
13.2. The guarantee will become null & void if the work/appliance completed/supplied by us is:
The Powerflushing / Magnacleanse / Chemical Flush doesn't cause the leaks but it can uncover leaks that have been sealed up by the sludge or limescale inside the system which is removed during the power flushing process. Unfortunately, there is no way of telling if leaks are going to occur although it is only likely on very old systems.
"Yorkshire Green Heating" cannot be held responsible for any damage to decorations or furnishings including carpets, or leaks from fittings, existing pipework, cylinders, or tanks caused while carrying out the Powerflushing / Magnacleanse / Chemical Flush. Therefore any leaks or damage caused by leaks are not covered under our guarantee (However this may be covered under your house insurance). Whilst the chance of a leak occurring during Powerflushing / Magnacleanse / Chemical Flush are rare, leaks generally occur while we are on-site so we can deal with them straight away.
The customer is responsible for any leak or damage that occurs due to the use of products/services which become faulty, any presence of a fault, or a product that is not to the current standard.
The customer is responsible for any damage occurred while working on defective fittings or faulty parts of the heating / hot water system.
In the unlikely event that during the power flushing process any leaks should occur, repairs will be carried out at our standard labour & material rates.
14. Liability
We will only be liable for rectifying our guaranteed work, and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.
We will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out.
Work will not carry a guarantee where you have been notified by the tradespersons either verbally or indicated in ticked boxes or our comments/recommendations.
We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions: for example delays with parts or materials and/or third-party delays with other trades.
Yorkshire Green Heating will not take liability for any loss of rental income for any reason. This includes, but is not limited to breakdowns, missed services and delays to the issue of Landlord Gas Safety Certificates.
You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations & any Gas Warning Notice issued by a Yorkshire Green Heating tradespersons.
The company ensures all engineers are Gas Safe Registered who carry out Gas Work.
We are not liable for normally insured risks, such as subsidence, structural repairs, fire, theft, accident, explosion, flood, or storm. We are not liable for remedial work arising from structural or renovation work carried out in Your Home by You or a third party, for example, the removal of radiators or the addition of new equipment or system extensions.
We are not liable for any costs associated with re-housing the occupants of a property or for any costs associated with alternative heating methods in circumstances where we are required to disconnect your boiler an appliance or your central Heating system.
We are not liable for the cost of any reinstatement or redecoration required as a result of the Work We undertake unless the reinstatement or redecoration is required because We have been negligent.
The customer understands that during/after any plumbing work carried out by Yorkshire Green Heating there could be changes in the water pressure in existing plumbing. Whilst Yorkshire Green Heating will exercise reasonable care in visually assessing the suitability of existing systems/pipework for any likely changes in pressure, the Company will not be liable for any damage caused to existing plumbing installations or any consequential damage caused by the failure or incompatibility of existing pipework, taps, valves, showers, other fittings or any appliances.
[Boilers & Showers] You should be aware that due to the wide variety of showers available in the market place the Company can't determine if a shower and your boiler will be compatible. The Company will not be liable if your existing shower/boiler is not compatible for any reason with a new shower/boiler.
15 . Title to Goods
Goods supplied and delivered by us to you, or your premises shall remain our property until paid for by you in full.
Whilst goods remain our property we have the absolute authority to:
* Retake, sell or otherwise deal with or dispose of all or any part of these goods.
* Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored, or kept, or is reasonably believed so to be.
* Seek a court injunction to prevent you from selling, transferring, or otherwise disposing of such goods.
The risk of such goods will pass to you on delivery. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured.
16. Treatment of our Staff
You are responsible for making sure that conditions at your Home/property are suitable for us to do the work.
If conditions at your home/property are not suitable, including the presence of asbestos or hazards such as dangerous animal pests or rodents, we will tell you what you need to do before we can perform the work.
If you have had asbestos removed, You must give Us the clean air certificate before we do any work. (By law, a clean air certificate will be given to you by the person who removes the asbestos after they have removed the asbestos).
If you have evidence of rodents in the home/property, a hygiene certificate must be given to us before any work is carried out.
We take seriously any threatening, abusive or violent behaviour against any of our Staff / Engineers. Where an incident of threatening, abusive or violent behaviour towards our Engineers or staff occurs, If on-site the Engineer will immediately leave your home and the property made safe and the incident may be reported to the police.
Yorkshire Green Heating will not send another Engineer to your home until an investigation and risk assessment has been carried out. Yorkshire Green Heating reserve the right to terminate any job or contract should the work environment be deemed unsafe or our engineers or staff receive threatening, abusive or violent behaviour against them.
We reserve the right to charge for any costs associated with a failed visit due to physical or verbal abuse, In such circumstances, You will not be entitled to a refund of any payments made to Us.
All pets must be contained and the home/property must be smoke-free 1 hour before the tradesperson's arrival.
17. Access
17.1 You will be asked if there are any parking restrictions including a need for a parking permit or inability to park within proximity to your property.
Where no parking is available, this may affect our ability to attend your home/property.
Any parking charges such as pay and display or parking permits will be the responsibility of the customer.
It is the responsibility of the customer to ensure there is adequate vehicle parking for the engineer to park their van within 25 meters of the entrance to the property. It is the responsibility of the customer to organise the permit or notify the Company of the restriction at least two working days before the engineer/delivery is due to arrive.
We reserve the right to charge for any costs associated with a failed visit due to parking/access and any further visits to your home/property In such circumstances, you will not be entitled to a refund of any payments made to Us. see 9.1
Upon arrival at your home/property, the tradespersons will locate the source of the repair, If direct access is not available, for instance, if there are floor tiles or floorboards in the way, the tradespersons will need to create access. If you want our tradespersons to do this, you will be asked to confirm it in writing while the tradespersons is at your home/ property.
The customer is responsible for notifying the Company of any local restrictions that could impact the delivery of goods, for example, local parking restrictions, steep stair climbs, stair climbs longer than 20 steps, on foot carrying distances greater than 30 meters.
We will not accept any liability for any damage which may be caused to the property, its contents, fixtures, fittings, flooring, or sanitary ware (unless such damage is a result of our tradesperson's negligence). If you do not want our tradespersons to create access, we will be unable to progress with repair/service or call out until you have arranged for access to be made and we reserve the right to charge for any costs associated with a failed visit due to access and any further visits to Your Home/Property In such circumstances, You will not be entitled to a refund of any payments made to Us see 9.1
Unless agreed in writing before carrying out any works on the property we will not be responsible for any costs associated with the filling or making good of any holes in walls or floors, the fitment of any floorboards or floor coverings back to their original condition ,This will need to be carried out by a third party such as a carpet fitter or plasterer, etc at the customer's own expense, Any carpets which are lifted will be re-laid to the best of our operative's ability, however, we cannot be held responsible for carpets which have been nailed or glued down. It should be anticipated that an amount of redecoration may be required, this will be the customer's responsibility and is not included in the price.
17.2 It is Your responsibility to arrange appointments with Us and to let Us into Your home/ property at the time of the appointment. If we are not able to gain access to your Home/ property at the time of the appointment, because You are not available to provide access we will not be able to carry out the Work. In these circumstances, We reserve the right to charge for any costs associated with a failed visit and any further visits to Your home/property In under such circumstances, You will not be entitled to a refund of any payments made to Us. see 9.1
17.3 We will only wait up to a maximum of 10 minutes for access to be made at tradespersons/sole discretion.
17.4 Our priority is your safety and the safety of our engineers visiting your home. We won't start any work at your home if we deem it unsafe to do so upon arriving for the appointment, and we won't be able to enter your home unless there is an adult present for the duration of the visit.
18. Changes to these terms
Yorkshire Green Heating may revise these terms and conditions at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
18.1 Changes to yorkshiregreenheating.com
We may update yorkshiregreenheating.com from time to time and may change the content and features at any time. However, please note that any of the content on yorkshiregreenheating.com may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that yorkshiregreenheating.com, or any content on it, will be free from errors or yorkshiregreenheating.com Will, from time to time, be unavailable, as a result of planned or unplanned maintenance or amendments.
18.2 Accessing yorkshiregreenheating.com
We do not guarantee that yorkshiregreenheating.com, or any content on it, will always be available or be uninterrupted. We reserve the right to withdraw or amend the services or goods provided through yorkshiregreenheating.com and/or your access to it at any time and without notice.
Access to yorkshiregreenheating.com is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of yorkshiregreenheating.com without notice. We will not be liable to you if for any reason yorkshiregreenheating.com is unavailable at any time or for any period.
19. General
The customer will need to provide free access to and from the property (both internal and external access will likely be required) on the agreed dates so that we can carry out the work. You must also provide free access to water, gas and electricity (where applicable) for installing / servicing and testing new equipment or parts.
The Customer warrants that he owns the premises at which the Services will take place and is entitled to commission the Services without the consent of any third party under any lease, agreement, or other restriction or otherwise, including without limitation any landlord.
The customer is responsible for disposing of any packaging such as cardboard, plastic packaging, polystyrene etc. Debris such as bricks & rubble will be removed from the site as part of the contract price, but this does not include the removal of any dangerous/hazardous waste material such as asbestos which we become aware of before or during the installation. It is the responsibility of the customer to arrange for the safe removal and disposal from the site at their own expense and to provide the Company with a Clean Air Certificate as proof this work has been completed.
If the customer would like to keep any old equipment or material that will be removed as part of any work ordered, they must let the appointed engineer know on the day of installation. If requested by the customer in advance, the Company will organise a skip or waste collection service for the removal of all waste materials this will be chargeable to the customer.
Any water storage tanks in the loft which are decommissioned as part of the work will be left in place unless the engineer is requested to remove them whilst on site.
Party Wall Act; it is the responsibility of the customer to undertake a party wall agreement with any neighbouring properties where required in advance of the Company attending the site to carry out work.
Under Construction (Design and Management) Regulations 2015 the Company needs to ensure operatives working on the site have access to welfare facilities including; a toilet, washing facilities, drinking water and facilities for rest in a warm indoor area. To reduce costs, the customer agrees to provide access to these facilities within the existing property for workers to use cleanly and respectfully. If the customer would like the Company to make alternative arrangements to comply with these CDM Regulations, they will notify the Company at least 14 days before any onsite works are due to commence and pay the additional cost of hiring such facilities 7 days before work commencing.
Products and building materials can vary in colour, texture and general appearance. The Company accepts no liability for any materials used during the installation process having variations in colour, texture and general appearance. When matching materials (such as bricks and tiles) to existing materials which are part of the house, a close match is often not possible due to older products becoming obsolete and the effects of weathering over time. In summary, the Company accepts no liability for any materials introduced to the property matching any existing materials and explicitly states variations in colour, texture and general appearance are likely and will be accepted by the customer. The customer agrees to make available their materials, at their expense, at the time of the work taking place if they would like a specific material (such as a matching brick) to be used.
We will carry out repairs or replacements at our sole discretion. Yorkshire Green Heating provides maintenance cover only contracts, and not an insurance contract, so we reserve the right to use our judgement to decide whether the requested repair or replacement is covered by your policy. Given this, we are not registered
with the Financial Conduct Authority to sell insurance contracts (FCA), and these contracts are therefore outside of the remit of the FCA.
We will not carry out repairs or replacements for issues that arose before you took out cover with us, or that have been intentionally damaged or misused beyond reasonable use. We reserve the right to use our judgement in deciding when the damage happened, and whether how the part was damaged is covered under your contract.
The engineer may take pictures of your installed equipment and relevant infrastructure for the Company's auditing process and our records. The engineer may also attend with other people including managers, supervisors, trainees or apprentices. From time to time the Company may use pictures of installed equipment for marketing purposes.
These terms and conditions may not be released, discharged, supplemented, interpreted, varied, or modified in any manner except by an instrument in writing signed by a duly authorised representative and you. Our terms and conditions will prevail over any terms and conditions used by you or contained set out or referred to in any documentation sent to us.
By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.
By using our services , booking a job or accepting a quote via phone, email or our online website you acknowledge that you have read and agree to the Terms and Conditions.
These terms and conditions, and all contracts awarded between us and you shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.
Yorkshire Green Heating is a company incorporated in England and Wales with registered number: 12273069. Our registered office is: Yorkshire Green Heating - Work Here - 3 Cavenmdish Court - South Parade - Doncaster - DN1 2DJ